Supreme Court of India
Bhadra International (india) Pvt. Ltd. v. Airports Authority of India
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What the Court ordered
In view of the above authorities, there can be no doubt that the learned Arbitrator appointed by the respondent was de jure ineligible to act as such.
Judgment, page 45
From the headnote
Issue for Consideration i) Whether the sole arbitrator could be said to have become “ineligible to be appointed as an arbitrator” by virtue of sub-section (5) of s.12 of the Arbitration and Conciliation Act, 1996; ii) whether the parties could be said to have waived the applicability of sub-section (5) of s.12 of the Act, 1996, by way of their conduct, either expressed or implied; iii) whether the appellants could have raised an objection to the appointment of the sole arbitrator for the first time in an application u/s.34 of the Act, 1996. Headnotes† Arbitration and Conciliation Act, 1996 –
Authorities it was built on
- 2011 State of Punjab v. Davinder Pal Singh Bhullar & Ors. Etc
- 2018 Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd. and Etc.
- 2019 Bharat Broadband Network Limited v. United Telecoms Limited
- 2017 Trf Ltd. v. Energo Engineering Projects Ltd.
- 2017 Hrd Corporation (marcus Oil and Chemical Division) v. Gail (india) Limited (formerly Gas Authority of India Ltd.)
- 2004 Dharma Prathishthanam v. M/s. Madhok Construction Pvt. Ltd.
- 2019 Hindustan Zinc Limited (h.z.l.) v. Ajmer Vidyut Vitran Nigam Limited
- 2019 Perkins Eastman Architects Dpc & Anr.c (india) Ltd. v. Hscc (india) Ltd
- 2023 Chennai Metro Rail Limited Administrative Building v. M/s Transtonnelstroy Afcons (jv) & Anr.
- 2024 Opg Power Generation Private Limited v. Enexio Power Cooling Solutions India Private Limited & Anr.
- 2024 Central Organisation for Railway Electrification v. M/s Eci Spic Smo Mcml (jv) A Joint Venture Company
- 1961 Seth Hiralal Patni v. Sri Kali Nath
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